U.S. Immigration News

Lawsuit Challenges U.S. Visa Pause Impacting Nationals of 75 Countries

Overview

A new federal lawsuit has been filed in the United States challenging the U.S. Department of State’s decision to pause immigrant visa processing for nationals of 75 countries. The pause has impacted family-based and employment-based immigrant visa applicants who were otherwise documentarily qualified and awaiting consular interviews.

The case brings renewed scrutiny to the scope of consular authority, the application of nationality-based restrictions, and the broader implications for immigrant visa processing worldwide. In particular, it raises questions about how far consulates can go in suspending services for entire categories of applicants, whether such pauses can be justified on security or administrative grounds, and how consistently these measures are being applied across different posts and regions. Beyond the immediate impact on affected families and employers, the litigation could influence future policy on risk-based screening, transparency of consular decision-making, and the extent to which nationality alone can trigger heightened restrictions in immigrant visa processing.

Background: The Immigrant Visa Processing Pause

The State Department implemented the pause as part of enhanced screening measures linked to updated public charge guidance. Under this approach, immigrant visa applications from certain countries were placed on hold pending additional review, regardless of individual applicant circumstances.

Key characteristics of the pause include:

• Application to nationals of 75 countries

•  Impact on immigrant visas only (not non-immigrant visas)

• Application to cases that were otherwise ready for interview scheduling

• Indefinite timelines with no clear end date communicated publicly

As a result, many applicants have experienced prolonged delays, family separation, and employment disruptions.

The Legal Challenge

The lawsuit was filed in federal court by a group of U.S. citizens, immigrant families, and advocacy organisations. The plaintiffs argue that the State Department’s actions:

• Exceed its statutory authority under U.S. immigration law

• Improperly apply categorical, nationality-based restrictions

• Conflict with the Immigration and Nationality Act (INA)

• Violate principles of due process and equal protection

The legal action seeks to compel the government to resume immigrant visa processing for affected applicants and to clarify the limits of consular discretion.

Who Is Impacted by the Pause?

The immigrant visa pause has wide-ranging consequences for:

• Family-based immigrant visa applicants, including spouses, children, and parents of U.S. citizens or permanent residents

• Employment-based immigrant visa beneficiaries awaiting consular processing
• U.S. employers sponsoring foreign nationals for permanent residence
• Individuals who have already completed document submission and security checks

Applicants outside the United States are particularly affected, as they cannot adjust status domestically while consular processing remains on hold.

Risks and Ongoing Uncertainty

Until the lawsuit is resolved or new guidance is issued, several uncertainties remain:

1. Processing timelines remain unpredictable, with no assurance of when paused cases will resume
2. Backlogs may increase further, even if the pause is lifted
3. Consular discretion may vary by post, creating uneven outcomes
4. Long-term planning for employers and families remains difficult

Applicants and sponsors are left in limbo, often with significant financial and personal consequences.

What Applicants and Employers Should Do Now

• Continue monitoring case status through official consular channels

• Maintain valid documentation and ensure medical exams and police certificates remain current where possible
• Avoid making irreversible travel or relocation plans
• Employers should assess contingency workforce plans for delayed arrivals
• Seek immigration guidance to evaluate alternative options, where available

Proactive planning is essential during periods of regulatory uncertainty.

What Could Happen Next?

Possible outcomes of the lawsuit include:

• A court order requiring the State Department to resume processing

• Clarification or limitation of the pause’s scope
• Continued suspension pending further litigation
• Issuance of revised public charge or screening guidance

Any decision could have a broad impact on future immigrant visa policy and consular processing practices.

Key Takeaway

The lawsuit challenging the U.S. immigrant visa pause for nationals of 75 countries underscores growing concerns around transparency, fairness, and consistency in immigrant visa processing. Until the matter is resolved, applicants and employers should prepare for continued delays and remain informed about legal and policy developments.

Careful planning and ongoing monitoring will be critical for those affected by this evolving situation.

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About Anywr

Anywr is a French international group specializing in international mobility and workforce solutions.
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